DETAIL ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Notice on Prior Art Rejections
2. In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Status of Claims
3. This Office Action is in response to the Applicant's application filed June 10, 2025. Claims 1-20 are presently pending and are presented for examination.
Allowable Subject Matter
4. Claims 1-20 would be allowable if rewritten to overcome the rejection(s) under - Nonstatutory Double Patenting, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Continuation Application
5. This application is a continuation application of U.S. Application 18/672,739, filed 05/23/2024, now U.S. Patent # 12,333,944. See MPEP §201.07. In accordance with MPEP §609.02 A. 2 and MPEP §2001.06(b) (last paragraph), the Examiner has reviewed and considered the prior art cited in the Parent Application. Also in accordance with MPEP §2001.06(b) (last paragraph), all documents cited or considered ‘of record’ in the Parent Application are now considered cited or ‘of record’ in this application. Additionally, Applicant(s) are reminded that a listing of the information cited or ‘of record’ in the Parent Application need not be resubmitted in this application unless Applicant(s) desire the information to be printed on a patent issuing from this application. See MPEP §609.02 A. 2. Finally, Applicant(s) are reminded that the prosecution history of the Parent Application is relevant in this application. See e.g., Microsoft Corp. v. Multi-Tech Sys., Inc., 357 F.3d 1340, 1350, 69 USPQ2d 1815, 1823 (Fed. Cir. 2004) (holding that statements made in prosecution of one patent are relevant to the scope of all sibling patents).
Nonstatutory Double Patenting
6. The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the claims at issue are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement.
A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
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Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,333,944. Although the claims at issue are not identical, they are not patentably distinct from each other because they disclosed the same subject matter.
Claims 2-10 depend from claim 1 and they are rejected for similar reasons.
Claims 11 and 15 present similar features as claim 1 and they are rejected for similar reasons.
Claims 12-14 and 16-20 depend from claims 11 and 15 respectively and therefore include the same limitation as claims 11 and 15 so they are rejected for the same reason.
19/233,435 (Current Application)
Patent No 12,333,944
An autonomous vehicle (AV) comprising an onboard unit (OBU), wherein said OBU comprises: an artificial intelligence (AI) system for automated vehicle control and traffic operations, wherein said AI system comprises:
An autonomous vehicle (AV) comprising an onboard unit (OBU), wherein said OBU comprises: an artificial intelligence (AI) system for automated vehicle control and traffic operations, wherein said AI system comprises:
a) a database of accumulated historical data comprising historical background data, historical vehicle data, historical traffic data, historical object data, and/or historical environmental data for a localized area;
a) a database of accumulated historical data comprising background, vehicle, traffic, object, and/or environmental data for a localized area;
b) sensors configured to provide real-time data comprising real-time background data, real-time vehicle data, real-time traffic data, real-time object data, and/or real-time environmental data for said localized area; and
b) sensors configured to provide real-time data comprising background, vehicle, traffic, object, and/or environmental data for said localized area; and
c) a computation component configured to compare said real-time data and said accumulated historical data to provide sensing, behavior prediction and management, decision making, and vehicle control for the AV, wherein the AI system is configured to use said real-time data and said historical data to perform machine learning to improve models and algorithms for identifying vehicles and objects and for predicting vehicle and object movements.
c) a computation component configured to compare said real-time data and said accumulated historical data to provide sensing, behavior prediction and management, decision making, and vehicle control for the vehicle; wherein the AI system is configured to provide proactive safety methods by predicting incidents and estimating risk; and a data processing module configured to fuse data from data sources comprising vehicle sensors and/or roadside sensors.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LUIS A MARTINEZ BORRERO whose email is luis.martinezborrero@uspto.gov and telephone number is (571)272-4577. The examiner can normally be reached on M-F 8:00-5:00. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, HUNTER LONSBERRY can be reached on (571)272-7298. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/LUIS A MARTINEZ BORRERO/Primary Examiner, Art Unit 3665
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